FEDERALISM Federal and State Relations Chapter 4
Jan 14, 2016
FEDERALISMFederal and State Relations
Chapter 4
CONSTITUTIONAL POWERS
The constitution grants 3 types of power to the national gov’t: expressed, implied, and inherentThese 3 powers are known as delegated powers
Expressed powers: are those powers directly expressed or stated in the ConstitutionFound in Articles I, II, & III
Implied powers: the powers that the national gov’t needs to carry out the expressed powersExample: the military draftThe basis for the implied powers is the
“necessary and proper clause” or the elastic clause
Article 1, section 8
CONSTITUTIONAL POWERS
Inherent Powers: are those powers that the national government may exercise simply because it is necessary to run/protect a countryExamples: control immigration, establish
diplomatic relations with other countries. Reserved powers: are those powers
reserved or saved strictly for the states (Thanks to the 10th amendment) –
anything not explicitly for the national government is saved for the states
Examples: gay marriage, the public school system
CONSTITUTIONAL POWERS
Concurrent Powers: are those powers that both the national gov’t and the state gov’t have.Example: the power to tax,
maintain courts, and define crimes.
Denied powers: the powers the Constitution specifically states that the national gov’t cannot do. (Article 1, section 9)Examples: can’t tax exports, can’t
interfere with the states ability to carry out its responsibilities
National Government (expressed powers, implied powers, & inherent powers)
State Government
(reserved powers)
National & State Govt.(concurrent powers)
•Regulate foreign and interstate commerce
•Coin money (make money)
•Provide an army and navy•Declare War
•Establish federal courts below the Supreme Court•Conduct foreign relations
•Exercise powers implied from the expressed powers
•Regulate Intrastate commerce•Establish local government systems
•Administer elections
• Protect the public’s health,
welfare, and morals
•Levy taxes
•Borrow money•Spend for general welfare•Establish courts
•Enact and enforce laws
GUARANTEES TO THE STATES
Republican form of government Example: Southern
states after the Civil War Protection
Foreign invasion Domestic disorder Natural disaster
Territorial Integrity The gov’t won’t take
land from any state to create a new state without the permission of the state legisature.
ADMISSION OF NEW STATES
To become a state: Territory State constitution
approval and “Welcome to the
family” … statehood! Equality of the states
Once admitted to the Union you are equal to every other state both in privileges and in obligations
STATE VS. FEDERAL POWERTHE GREAT TUG-O-WAR Question:
Gun Control. Who should call the shots?VideoWhat do you think after viewing the video?
Should the Govt have that sort of regulatory power?
Should the States control guns because they are closer to the matter?
In what ways does the federal government step on the rights of the states? Why?
What is the advantage of the state government making laws for the people?
What is the role of the federal government in dealing with state law?
FEDERALISM AT WORK:THE AFFORDABLE HEALTHCARE ACT
Question: Does Congress have the power to require that nearly all Americans purchase health insurance as part of a larger regulatory scheme to lower health care costs and expand health care coverage?
Video on the Commerce Clause Proceed to Activity
You will have two days to work on this in class
You will be presenting on Tuesday of next week
RELATIONS AMONG THE STATES
Full Faith and CreditEach state must recognize the laws and
legal proceedings of the other states.Such as: public acts, records, judicial
proceedings Privileges and Immunities
States cannot discriminate unreasonably against citizens of other states
Included: you may pass through or live in any state; use the courts; make contracts; buy, sell, and hold property, marry.
“privileges and immunities” does not include voting, serving on juries, and using certain public facilities.
RELATIONS AMONG THE STATES
ExtraditionTo prevent criminals from escaping
justice simply by going from one state to another.
Interstate CompactsAgreements between states that must
be approved by Congress Lawsuits between states
These cases are heard and decided by the federal courts
Examples: disputes over water rights, pollution, boundary lines
TYPES OF FEDERALISM Dual
Often called “layer cake”Federal and state governments act within
their own realm – Constitution is the glue Lincoln and the secession of the South
Federalism that was in place until the New Deal
CooperativeOften called “marble cake”Federal and state governments often share
powers causing a blending between the two spheres
Began with the New DealCharacterized by the movement of money
between the Federal and State governments
A form of leverage to get States to work within Federal policies
MONEY, MONEY, MON-NEE! Grants-in-aid
Block –States favorCategorical – Federal Govt favorsNew Federalism – Nixon
MandatesFundedUnderfunded – No Child Left BehindUnfunded